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by brit_in_america 512 days ago
I assume L1B because you mentioned “engineer” instead of “manager.”

I’m currently on an L1B visa, which is a three-year dual-intent visa extendable for another two years. This should provide ample time to initiate and complete a Green Card application under Employment-Based 2nd preference.

However, I would consider choosing the H1-B visa for the following reasons:

It’s getting harder to get L1-B because USCIS are asking more questions about if a candidate has specialized knowledge to meet the requirements.

The processing times for Green Cards and PERM are increasing and five years might not be enough in the near future. In that case you would need a very cooperative employer to allow you to continue the application via Consular Processing from the UK.

My own Green Card application began in 2022, and I’m not likely to receive it until 2026 due to the substantial backlog for applicants from the Rest of the World (ROW) category, which includes British-born individuals.

On an L1 visa, you’ll be tied to your current job until either your Employment Authorization Document (EAD) arrives and you have portability under AC21, you’re approved for an H1-B visa with a different employer (which will reset your Green Card application timeline); or you’re approved for a Green Card.

If you switch to an H1-B visa, you have the flexibility to change jobs before your Green Card is approved. You can also retain your Priority Date (PD), which represents your position in the Green Card queue, although you’ll need to restart all the steps of the process again. Additionally, your H1-B visa is extendable indefinitely after receiving an approved I-140 petition.

This immigration system here is a mess and it’s getting worse. Not to discourage you but this is the worst time for Brits to move here.

2 comments

I was assuming that you qualified equally for both visas but from an outcome standpoint, if the employing U.S. company doesn't qualify as a "blanket L" company, then it can be very tough to get an L-1B visa (which is for professionals/non-managers) because the process goes through USCIS. So, from an outcome standpoint, unless the employing U.S. entity qualifies as a blanket L company, it's much easier to get an H-1B visa.
I was rejected initially without a blanket petition and then approved after the blanket petition was in place.

My experience matches exactly what you have said.

One benefit I forgot to mention of L1 is that spouses can work incidental of status. L2S is essentially an open work permit but is tied to the validity of the L1 visa.

The problem with the H1B is, of course, winning the lottery. The odds are poor and generally getting worse each year. The L1B may be the only realistic option